MEMORANDUM CIRCULAR

NO. 09-08-91

SUBJECT: GUIDELINES IN THE SALE, PURCHASE AND IMPORTATION

OF VARIOUS RADIO COMMUNICATIONS EQUIPMENT
INTENDED FOR USE IN PRIVATE AND GOVERNMENT-
OWNED RADIO COMMUNICATIONS NETWORKS

Pursuant to Act 3846 as amended the following guidelines governing the sale, purchase
and importation of various radio communications equipment intended for use in private
and government-owned radio communications networks are hereby promulgated:

I. IMPORTATION OF RADIO COMMUNICATIONS EQUIPMENT

1. Any and all importations of various radio communications equipment

particularly radio transceivers, and/or transmitter be covered by an
appropriate Permit to Import issued by this Commission.

2. A Permit to Import valid for a period of ninety (90) days from the date of
issuance thereof shall be issued by the Commission only under the
following circumstances:

a. To duly accredited radio equipment manufacturers and dealers,

with valid Radio Dealers and Manufacturer’s Permit intending to
import TYPE-ACCEPTED AND/OR APPROVED radio
communications equipment and their accessories and spare parts as
part of their respective stocks.
b. To duly accredited radio equipment manufactures and dealers with
valid Radio Dealers and Manufacturer’s Permit intending to import
radio communications equipment FOR PURPOSES OF TYPE
APPROVAL AND/OR ACCEPTANCE, provided such Permit to
Import is issued for not more than five (5) sample units which are
subject to re-export should such radio communications equipment
fail type approval and/or acceptance evaluations conducted by this
Commission.
c. To duly authorized individuals and/or corporation who have been
authorized by this Commission to install, operate and maintain
their respective radio communications network. In this case, the
Permit to Purchase shall serve as the Permit to Import and be a
previously TYPE APPROVE AND/OR ACCEPTED model.
SHOULD RADIO COMMUNICATIONS EQUIPMENT
PROCURED NOT BE OF A PREVIOUSLY TYPE-APPROVED
AND/OR ACCEPTED MODEL, SUCH UNIT SHALL BE RE-
EXPORTED TO ITS COUNTRYOF ORIGIN WITHOUT THE
BENEFIT OF UNDERGOING TYPE APPROVAL AND/OR

1
 ACCEPTANCE PROCEDURES CONDUCETED BY THIS
COMMISSION.

3. Grantees of Permits to Import shall import only radio communications

equipment, spare parts and/or accessories as contained in the Permit to
Import and only in the quantities as authorized by this Commission.

4. Grantees of Permit to Import shall present evidences of tax payment and

corresponding customs duties of all items imported under such Permit to
Import issued by this Commission.

5. Radio Equipment dealers and manufacturer’s must reflect the radio

communications equipment and/or accessories imported in their regular
Sales and Stock Reports submitted to this Commission for the next
reporting period covering the actual date of import.

6. All radio communications equipment, spare parts and/or accessories

covered by a Permit to Import shall be subject to the inspection of the
Commission’s authorized representative at the port of entry.

II. SALE OF RADIO COMMUNICATIONS EQUIPMENT

1. The sale of radio communications equipment shall only be done by a duly

accredited radio equipment dealer and/or manufacturer with a valid Radio
Equipment Dealers and/or Manufacturer’s Permit or by an individual,
entity or corporation with a valid Permit to Sell issued by this
Commission.

2. The sale of radio communications equipment to any individual, entity or

corporation whether government or private, without a valid Permit to
Purchase issued by this Commission is strictly prohibited.

3. The sale, tendering or offering in a bid of radio communications

equipment not previously type approved and/or accepted or whose
characteristic do not conform to the authorized operating parameters
particularly but not limited to the frequency/ies, rated power output,
bandwidth and emission authorized by this Commission is strictly
prohibited. In no case shall the Commission entertain any request for
change of authorized operating parameters for reasons of incompatibility
of the specifications of radio equipment sold relative to Commission
authorized operating parameters or standards.

4. In the case of accredited radio equipment dealers, it is strictly prohibited to

sell radio communications equipment that are not properly reflected in
their current sales and stock reports provided that in cases when the
required radio communications equipment have to be ordered from an
overseas source (importation), such radio equipment and its sale shall be

2
 reflected in the subsequent in the next reporting period covering the date
of such import.

III. PURCHASE OF RADIO COMMUNICATIONS EQUIPMENT

1. The purchase of any radio communications equipment by any entity, or

corporation whether private or government without a valid Permit to
Purchase issued by this Commission is strictly prohibited.

The Permit to Purchase shall be valid for a period of one-hundred eighty

(180) days and may be extended provided adequate proof (such as valid
Purchase Order) that corresponding orders for the required radio
communications equipment have been made within the validity period of
the Permit to Purchase.

In case no valid proof that orders for the required radio communications
equipment have been made within the validity period of the Permit to
Purchase can be presented to the Commission, a new Permit to Purchase
can be issued upon receipt of a formal request for a re-issuance of the
Permit.

In no case however, shall a Permit to Purchase be extended nor re-issued

without re-confirmation of frequency availability and the payment of the
regular permit fees.

2. The purchase of radio communications equipment by any entity,

corporation whether private or government from a source other than an
accredited radio communications equipment dealer or manufacturer with a
valid Radio Equipment Dealer’s or Manufacturer’s Permit or an entity or
corporation whether private or government with a valid Permit to Sell is
strictly prohibited. In case when the radio communications equipment is
acquired from a foreign source such purchase must be duly covered by a
valid Permit to Import or its equivalent. In addition, appropriate evidence
of tax payments and payments of customs duties and/or proof of tax
deferments as may be authorized by the Bureau of Customs, relative to the
importation of such radio communications equipment must be submitted
to this Commission.

3. The purchase of radio communications equipment not previously type

approved and/or accepted or whose characteristics do not conform to the
authorized operating parameters particularly but not limited to the
frequency/ies, rated power output, bandwidth and emission authorized by
this Commission is strictly prohibited. In no case shall the Commission
entertain any request for change of authorized operating parameters for
reasons of incompatibility of the specifications of radio equipment bought
relative to Commission authorized operating parameters or standards.

3
This Memorandum Circular takes effect immediately and amends any other rules and
regulations inconsistent hereto.

Any violations of the provisions of this Memorandum Circular and other pertinent radio
rules and regulation shall be dealt with accordingly.

JOSEFINA T. LICHAUCO
Commissioner